… as court refuses to stop party’s ex-National Secretary’s arrest

                                       Court

A Federal High Court in Abuja has rejected prayer by the immediate past National Secretary of the Peoples Democratic Party (PDP), Professor Wale Oladipo to stop his planned arrest over alleged involvement in unlawful disbursement of public funds.

Justice John Tsoho, in a judgement yesterday, threw out Oladipo’s fundamental rights enforcement suit on the ground that he failed substantially to substantiate his claim of threats by the respondents to infringe on his rights.

The judge said Oladipo’s reliefs in the suit are not “grantable.”

Listed as respondents are the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), the Inspector General of Police (IGP) and Department of State Services (DSS).

Oladipo had in his supporting affidavit filed with the suit in February this year alleged essentially about alleged intimidation, harassment, prosecution or threat thereof by the respondents.

The ex-PDP National Secretary, in the suit marked FHC/ABJ/CS/89/2016, expressed strong fears the alleged threats was based supposedly on his political leaning. To substantiate his claim, he referred to a text message he allegedly received on his telephone on February 1, 2016 supposedly from an operative of the EFCC, Adebayo Olatunji, inviting him for investigation by the Asset Tracing Unit of the commission.

As part of efforts to prevent arrest and detention, Oladipo informed the court that he has written to the Vice President (VP), Yemi Osinbajo (SAN), to be allowed to refund the N75 million he received as PDP campaign funds.

The respondents, who objected to the suit, also faulted Oladipo’s letter to the VP, arguing that his mere writing the VP cannot shield him from investigation and prosecution in relation to his criminal conduct.

“Assuming without conceding that Exhibit 1 (the letter) exists, it is our further contention that the said exhibit cannot come to the aid of the applicant because a letter written to the Vice President to return a whooping sum of N75m cannot act as shield from investigation and possible prosecution. Rather, it is suggestive of corrupt practices requiring investigation,” ICPC said in its objection to the suit.

In his judgment yesterday, Justice Tsoho said Oladipo’s failure to establish that the text message was really from any of the respondents and refute EFCC’s denial that it has a staff bearing Adebayo Olatunji, weakened his case.

“”The law is settled that evidence that directly affect the matter in controversy that is neitherattacked or successfully discredited, is deemed as credible evidence that can be relied upon by the court.

“It is therefore my humble view that the applicant’s failure to discredit the 2nd respondent’s (EFCC) disclaimer of the text, on which his case is built, weakens his case.

“There is no credible evidence to justify applicant’s assertions in his affidavit depositions,” the judge said.